prior Act of Bankruptcy. Proviso. Commissioners may order Six Months' Wages of Servants, &c. to be paid. Apprentices discharged from Indentures. Commissioners may order any Sum to be paid in respect of Apprentice Fees. Mutual Debts and Credits may be set off, notwithstand ing prior Act of Bankruptcy. Proviso. Debts not pay able at Time of Bankruptcy may be proved, deducting Re bate of Interest. Demand before the issuing the Commission against him, shall, notwithstanding any prior Act of Bankruptcy committed by such Bankrupt, be admitted to prove the same, and be a Creditor under such Commission, as if no such Act of Bankruptcy had been committed: Provided such Person had not, at the Time the same was contracted, Notice of any Act of Bankruptcy by such Bankrupt committed. XLVIII. And be it enacted, That when any Bankrupt shall have been indebted, at the Time of issuing the Commission against him, to any Servant or Clerk of such Bankrupt, in respect of the Wages or Salary of such Servant or Clerk, it shall be lawful for the Commissioners, upon Proof thereof, to order so much as shall be so due as aforesaid, not exceeding Six Months' Wages or Salary, to be paid to such Servant or Clerk out of the Estate of such Bankrupt; and such Servant or Clerk shall be at liberty to prove under the Commission for any Sum exceeding such last mentioned Amount. XLIX. And be it enacted, That where any Person shall be ar Apprentice to a Bankrupt at the Time of issuing of the Commission against him, the issuing of such Commission shall be and enure as a complete Discharge of the Indenture or Indentures whereby such Apprentice was bound to such Bankrupt; and if any Sum shall have been really and bonâ fide paid, by or on the Behalf of such Apprentice to the Bankrupt, as an Apprentice Fee, it shall be lawful for the Commissioners, upon Proof thereof, to order any Sum to be paid to or for the Use of such Apprentice which they shall think reasonable, regard being had, in estimating such Sum, to the Amount of the Sum so paid by or on behalf of such Apprentice to the Bankrupt, and to the Time during which such Apprentice shall have resided with the Bankrupt previous to the issuing of the Commission. L. And be it enacted, That where there has been mutual Credit given by the Bankrupt and any other Person, or where there are mutual Debts between the Bankrupt and any other Person, the Commissioners shall state the Account between them, and one Debt or Demand may be set against another, notwithstanding any prior Act of Bankruptcy committed by such Bankrupt before the Credit given to or the Debt contracted by him, and what shall appear due on either Side on the Balance of such Account, and no more, shall be claimed or paid on either Side respectively, and every Debt or Demand hereby made proveable against the Estate of the Bankrupt, may also be set off in manner aforesaid against such Estate: Provided that the Person claiming the Benefit of such Set-off had not, when such Credit was given, Notice of an Act of Bankruptcy by such Bankrupt committed. LI. And be it enacted, That any Person who shall have given Credit to the Bankrupt upon valuable Consideration, for any Money or other Matter or Thing whatsoever, which shall not have become payable when such Bankrupt committed an Act of Bankruptcy, and whether such Credit shall have been given upon any Bill, Bond, Note or other negotiable Security or not, shall be entitled to prove such Debt, Bill, Bond, Note or other Security, as if the same was payable presently, and receive Dividends equally with the other Creditors, deducting only thereout a Rebate of of Interest for what he shall so receive, at the Rate of Five per LII. And be it enacted, That any Person who at the issuing the Commission shall be Surety or liable for any Debt of the Bankrupt, or Bail for the Bankrupt, either to the Sheriff or to the Action, if he shall have paid the Debt, or any Part thereof in Discharge of the whole Debt (although he may have paid the same after the Commission issued) if the Creditor shall have proved his Debt under the Commission, shall be entitled to stand in the Place of such Creditor as to the Dividends and all other Sureties and for the Debts of herein men tioned. Rights under the said Commission which such Creditor possessed Yes 6 Bing or would be entitled to in respect of such Proof; or if the Creditor shall not have proved under the Commission, such Surety or Person liable, or Bail, shall be entitled to prove his Demand in respect of such Payment as a Debt under the Commission, not disturbing the former Dividends, and may receive Dividends with the other Creditors, although he may have become Surety, liable or Bail as aforesaid, after an Act of Bankruptcy committed by such Bankrupt: Provided that such Person had not, when he became such Surety or Bail, or so liable as aforesaid, Notice of any Act of Bankruptcy by such Bankrupt committed. LIII. And be it enacted, That the Obligee in any Bottomry or Respondentia Bond, and the Assured in any Policy of Insurance made upon good and valuable Consideration, shall be admitted to claim, and after the Loss or Contingency shall have happened, to prove his Debt or Demand in respect thereof, and receive Dividends with the other Creditors as if the Loss or Contingency had happened before the issuing the Commission against such Obligor or Insurer; and that the Person effecting any Policy of Insurance upon Ships or Goods with any Person, as a Subscriber or Underwriter, becoming Bankrupt, shall be entitled to prove any Loss to which such Bankrupt shall be liable in respect of such Subscription, although the Person so effecting such Policy was not beneficially interested in such Ships or Goods, în case the Person or Persons so interested is not or are not within the United Realm. LIV. And be it enacted, That any Annuity Creditor of any Bankrupt, by whatever Assurance the same be secured, and whether there were or not any Arrears of such Annuity due at the Bankruptcy, shall be entitled to prove for the Value of such Annuity, which Value the Commissioners shall ascertain, regard being had to the original Price given for the said Annuity, deducting therefrom such Diminution in the Value thereof as shall have been caused by the Lapse of Time since the Grant thereof to the Date of the Commission. зов. Proviso for Annuity Creditor admitted to prove. Sureties for LV. And be it enacted, That it shall not be lawful for any Person entitled to any Annuity granted by any Bankrupt, to sue any Person who may be collateral Surety for the Payment of such Annuity, until such Annuitant shall have proved under the Commission against such Bankrupt for the Value of such Annuity, what Manner to and for the Payment thereof; and if such Surety after such Proof come in under pay the Amount proved as aforesaid, he shall be thereby dis- the Commis charged sion. + Sic. 4216 In what Case Certificate or against Annui- Debts contin of the Bank ruptcy, provable after the happening of Contingency. charged from all Claims in respect of such Annuity; and if such Surety shall not (before any Payment of the said Annuity subsequent to the Bankruptcy shall have become due) pay the Sum so proved as aforesaid, he may be said † for the accruing Payments of such Annuity, until such Annuitant shall have † paid or satisfied the Amount so proved, with Interest thereon at the Rate of Four per Centum per Annum, from the Time of Notice of such Proof, and of the Amount thereof being given to such Surety; and after such Payment or Satisfaction, such Surety shall stand in the Place of such Annuitant in respect of such Proof as aforesaid, to the Amount so paid or satisfied as aforesaid by such Surety; and the Certificate of the Bankrupt shall be a Discharge to him from all Claims of such Annuitant or of such Surety in respect of such Annuity; provided that such Surety shall be entitled to Credit in Account with such Annuitant for any Dividends received by such Annuitant under the Commission, before such Surety shall have fully paid or satisfied the Amount so proved as aforesaid. LVI. And be it enacted, That if any Bankrupt shall, before the gent at the Time issuing of the Commission, have contracted any Debt payable upon a Contingency which shall not have happened before the issuing of such Commission, the Person with whom such Debt has been contracted may, if he think fit, apply to the Commissioners to set a Value upon such Debt, and the Commissioners are hereby required to ascertain the Value thereof, and to admit such Person to prove the Amount so ascertained, and to receive Dividends thereon; or if such Value shall not be so ascertained before the to Bing: 57 Bing: 209 Contingency shall have happened, then such Person may, after Proviso. Interest on Plaintiff obtaining Judgment, &c. entitled to prove for Costs, &c. 4 sing. of Proving a Debt under a Com such Contingency shall have happened, prove in respect of such Debt, and receive Dividend with the other Creditors, not disturbing any former Dividends: Provided such Person had not, when such Debt was contracted, Notice of any Act of Bankruptcy by such Bankrupt committed. LVII. And be it enacted, That in all future Commissions against any Person or Persons liable upon any Bill of Exchange or Promissory Note, whereupon Interest is not reserved, overdue at the issuing the Commission, the Holder of such Bill of Exchange or Promissory Note shall be entitled to prove for Interest upon the same, to be calculated by the Commissioners to the Date of the Commission, at such Rate as is allowed by the Court of King's Bench in Actions upon such Bills or Notes. LVIII. And be it enacted, That if any Plaintiff in any Action at Law or Suit in Equity, or Petition in Bankruptcy or Lunacy, shall have obtained any Judgment, Decree or Order against any Person who shall thereafter become Bankrupt for any Debt or Demand in respect of which such Plaintiff or Petitioner shall prove under the Commission, such Plaintiff or Petitioner shall also be entitled to prove for the Costs which he shall have incurred in obtaining the same, although such Costs shall not have been taxed at the Time of the Bankruptcy. LIX. And be it enacted, That no Creditor who has brought any Action, or instituted any Suit against any Bankrupt, in respect of a Demand prior to the Bankruptcy, or which might have been proceed against proved as a Debt under the Commission against such Bankrupt, mission to be an Election not to shall shall prove a Debt under such Commission, or have any Claim the Bankrupt entered upon the Proceedings under such Commission, without by Action. relinquishing such Action or Suit; and in case such Bankrupt shall be in Prison or Custody at the Suit of or detained by such Creditor, he shall not prove or claim as aforesaid, without giving a sufficient Authority in Writing for the Discharge of such Bankrupt; and the proving or claiming a Debt under a Commission by any Creditor, shall be deemed an Election by such Creditor to take the Benefit of such Commission, with respect to the Debt so proved or claimed: Provided that such Creditor shall not be liable to the Payment to such Bankrupt or his Assignees, of the Costs of such Action or Suit so relinquished by him; and that where any such Creditor shall have brought any Action or Suit against such Bankrupt, jointly with any other Person or Persons, his relinquishing such Action or Suit against the Bankrupt shall not affect such Action or Suit against such other Person or Persons: Provided also, that any Creditor who shall have so elected to prove or claim as aforesaid, if the Commission be afterwards superseded, may proceed in the Action as if he had not so elected, and in bailable Actions shall be at liberty to arrest the Defendant de novo, if he has not put in Bail below, or perfected Bail above, or if the Defendant has put in or perfected such Bail, to have recourse against such Bail, by requiring the Bail below to put in and perfect Bail above within the First Eight Days in Term, after Notice in the London Gazette of the superseding such Commission, and by suing the Bail upon their Recognizance, if the Condition thereof is broken. any Creditor having elected to come in under the Commission, if it be afterwards superseded, restored to his former Rights. Proof of Debts. thereon. LX. And be it enacted, That whenever it shall appear to the Commissioners Assignees or to Two or more Creditors, who have each proved may expunge Debts to the Amount of Twenty Pounds or upwards, that Debt proved under the Commission is not justly due either in Whole or in Part, such Assignees or Creditors may make Representation thereof to the Commissioners; and it shall be lawful Proceedings for the said Commissioners to summon before them and examine upon Oath any Person who shall have so proved as aforesaid, together with any Person whose Evidence may appear to the Commissioners to be material, either in Support of or in Opposition to any such Debt; and if the said Commissioners, upon the Evidence given on both Sides, or (if the Person who shall have so proved as aforesaid shall not attend to be examined, having been first duly summoned, or Notice having been left at his last Place of Abode) upon the Evidence adduced by such Assignees or Creditors as aforesaid, shall be of Opinion that such Debt is not due either wholly or in part, the said Commissioners shall be at liberty to expunge the same, either wholly or in part, from the Proceedings: Provided, that such Assignees or Creditors requiring such Investigation shall, before it is instituted, sign an Undertaking, to be filed with the Proceedings, to pay such Costs as the Commissioners shall adjudge to the Creditor who has proved such Debt as aforesaid, such Costs to be recovered by Petition: Provided also, that such Assignees or Creditors may apply in the first In- Petition. stance by Petition to the Lord Chancellor, or that either Party may petition against the Determination of the Commissioners. 6 GEO.IV. F LXI. And Persons requiring Investigation to sign Undertaking for Costs. Application by Choice of ing; how chosen. Commissioners may reject any Person chosen as unfit. Joint Creditor may prove under separate Commission, for voting in Choice of Assignees; how far not to receive Dividend. Commissioners to convey the Personal Estate to the Assignees, and Debts due to the Bankrupt. Commissioners to convey Bankrupt's Real Estate to Assignees. LXI. And be it enacted, That at the Second Meeting appointed by the Commissioners as aforesaid, or any Adjournment thereof, Assignees of the Bankrupt's Estate and Effects shall be chosen; and all Creditors who have proved Debts under the Commission to the Amount of Ten Pounds and upwards shall be entitled to vote in such Choice; and also any Person authorized by Letter of Attorney from any such Creditor or Creditors, upon Proof of the Execution thereof, either by Affidavit sworn before a Master in Chancery, Ordinary or Extraordinary, or by Oath before the Commissioners viva voce, and in case of Creditors residing out of England, by Oath before a Magistrate where the Party shall be residing, duly attested, by a Notary Public, British Minister or Consul, and the Choice shall be made by the major Part in Value of the Creditors so entitled to vote: Provided, that the Commissioners shall have Power to reject any Person so chosen who shall appear to them unfit to be such Assignee as aforesaid, and upon such Rejection a new Choice of another Assignee or Assignees shall be made as aforesaid. LXII. And be it enacted, That in all Commissions against One or more of the Partners of a Firm, any Creditor to whom the Bankrupt or Bankrupts is or are indebted, jointly with the other Partner or Partners of the said Firm, or any of them, shall be entitled to prove his Debt under such Commission for the Purpose only of voting in the Choice of Assignees under such Commission, and of assenting to or dissenting from the Certificate of such Bankrupt or Bankrupts, or of either of such Purposes; but such Creditor shall not receive any Dividend out of the separate Estate of the Bankrupt or Bankrupts until all the separate Creditors shall have received the full Amount of their respective Debts, unless such Creditor shall be a Petitioning Creditor in a Commission against One Member of a Firm. LXIII. And be it enacted, That the Commissioners shall assign to the Assignees, for the Benefit of the Creditors of the Bankrupt, all the present and future Personal Estate of such Bankrupt wheresoever the same may be found or known, and all Property which he may purchase, or which may revert, descend, be devised or bequeathed or come to him, before he shall have obtained his Certificate; and the Commissioners shall also assign as aforesaid all Debts due or to be due to the Bankrupt wheresoever the same may be found or known, and such Assignment shall vest the Property, Right and Interest in such Debts in such Assignees, as fully as if the Assurance whereby they are secured had been made to such Assignees; and after such Assignment, neither the Bankrupt nor any Person claiming through or under him shall have Power to recover the same, nor to make any Release or Discharge thereof, neither shall the same be attached as the Debt of the Bankrupt by any Person according to the Custom of the City of London or otherwise, but such Assignees shall have like Remedy to recover the same in their own Names as the Bankrupt himself might have had if he had not been adjudged Bankrupt. LXIV. And be it enacted, That the Commissioners shall, by Deed indented and enrolled in any of His Majesty's Courts of Record, convey to the said Assignees, for the Benefit of the Creditors as aforesaid, all Lands, Tenements and Hereditaments, except Copy |